MISSOURI PACIFIC R. CO. v. RAILROAD COM'N OF TEXAS

No. 90-8574.

948 F.2d 179 (1991)

MISSOURI PACIFIC RAILROAD COMPANY, et al., Plaintiffs-Appellees/Cross-Appellants, v. RAILROAD COMMISSION OF TEXAS and its members, et al., Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

December 6, 1991.


Attorney(s) appearing for the Case

Douglas Fraser, Asst. Atty. Gen. and Dan Morales, Atty. Gen., Austin, Tex., for defendants-appellants/cross-appellees.

Robert B. Burns, Jr. and Karl G. Johnson, Jr., Wilson, Grosenheider & Burns, Austin, Tex., for plaintiffs-appellees/cross-appellants.

Hugh L. McCulley, Crady, Jewett & McCulley, Houston, Tex., for Southern Pacific Transp.

Before WISDOM, JOLLY, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

In this case, we decide whether the Tex.Admin.Code tit. 16, § 5.619, which requires railroads to construct and maintain walkways adjacent to railroad trackage in accordance with certain specifications, is preempted by the Federal Railroad Safety Act of 1970 (the FRSA), 45 U.S.C. § 421 et seq. The district court held that the state walkway provision was preempted, and we now affirm.

I.

In 1986, the Railroad...

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